Tuesday, March 21, 2017

March Oral Arguments at SCOTUS

Several interesting civil procedure cases on the Supreme Court’s March 2017 oral argument calendar (more details in the links)...

Today (3/21): Microsoft v. Baker

Tomorrow (3/22): Water Splash v. Menon

Monday (3/27): TC Heartland v. Kraft Foods

 

 

 

 

March 21, 2017 in Class Actions, Federal Courts, Federal Rules of Civil Procedure, Supreme Court Cases | Permalink | Comments (0)

Monday, February 27, 2017

SCOTUS Cert Grant on Habeas Review of Unexplained State Court Decisions

Today the U.S. Supreme Court granted certiorari in Wilson v. Sellers, which presents the following question:

Did this Court's decision in Harrington v. Richter, 562 U.S. 86 (2011), silently abrogate the presumption set forth in Ylst v. Nunnemaker, 501 U.S. 797 (1991) - that a federal court sitting in habeas proceedings should "look through" a summary state court ruling to review the last reasoned decision - as a slim majority of the en banc Eleventh Circuit held in this case, despite the agreement of both parties that the Ylst presumption should continue to apply?

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

 

February 27, 2017 in Federal Courts, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

SCOTUS Cert Grant on Whether FRAP 4(a)(5)(C) is Jurisdictional

Today the U.S. Supreme Court granted certiorari in Hamer v. Neighborhood Housing Services of Chicago, which presents the following question:

Whether Federal Rule of Appellate Procedure 4(a)(5)(C) can deprive a court of appeals of jurisdiction over an appeal that is statutorily timely, as the Second, Fourth, Seventh, and Tenth Circuits have concluded, or whether Federal Rule of Appellate Procedure 4(a)(5)(C) is instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as the Ninth and D.C. Circuits have concluded, and therefore subject to equitable considerations such as forfeiture, waiver, and the unique-circumstances doctrine.

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

February 27, 2017 in Federal Courts, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

SCOTUS Cert Grant on Supplemental Jurisdiction & 1367(d)'s Tolling Provision

Today the U.S. Supreme Court granted certiorari in Artis v. District of Columbia, which presents the following question:

Section 1367 of Title 28 authorizes federal district courts in certain circumstances to exercise supplemental jurisdiction over claims arising under State law.

Section 1367 further provides that "[t]he period of limitations for any [such] claim ...shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period." 28 U.S.C. § 1367(d).

The question presented is whether the tolling provision in §1367(d) suspends the limitations period for the state-law claim while the claim is pending and for thirty days after the claim is dismissed, or whether the tolling provision does not suspend the limitations period but merely provides 30 days beyond the dismissal for the plaintiff to refile.

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

 

February 27, 2017 in Federal Courts, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

Monday, February 20, 2017

Recent Cert Grants Now on SCOTUS Oral Argument Calendar

Earlier we covered last month’s flurry of cert grants by the U.S. Supreme Court, including several cases raising interesting civil procedure and federal courts issues. Many of these, as well as some earlier cert grants, are now on the court’s March and April oral argument calendars:

Tuesday, March 21:

Wednesday, March 22:

Monday, March 27:

Monday, April 17:

Tuesday, April 25:

This means that decisions in these cases will likely come down by the end of June.

 

 

 

February 20, 2017 in Supreme Court Cases | Permalink | Comments (0)

Thursday, January 19, 2017

SCOTUS Cert Grant on Personal Jurisdiction: Bristol-Myers Squibb v. Superior Court

The U.S. Supreme Court’s docket of civil procedure and federal courts cases continues to expand. Today the U.S. Supreme Court granted certiorari in Bristol-Myers Squibb Co. v. Superior Court, which will review a California Supreme Court decision handed down this summer. The cert petition presents the following question:

The Due Process Clause permits a state court to exercise specific jurisdiction over a defendant only when the plaintiff’s claims “arise out of or relate to” the defendant’s forum activities. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985) (citation omitted). The question presented is:

Whether a plaintiff’s claims arise out of or relate to a defendant’s forum activities when there is no causal link between the defendant’s forum contacts and the plaintiff’s claims—that is, where the plaintiff’s claims would be exactly the same even if the defendant had no forum contacts.

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

January 19, 2017 in Recent Decisions, Supreme Court Cases | Permalink | Comments (2)

Wednesday, January 18, 2017

Today’s SCOTUS Decision on Federal Jurisdiction & Fannie Mae

Today, the U.S. Supreme Court issued a unanimous decision in Lightfoot v. Cendant Mortgage Corp. Justice Sotomayor’s opinion begins:

The corporate charter of the Federal National Mortgage Association, known as Fannie Mae, authorizes Fannie Mae “to sue and to be sued, and to complain and to defend, in any court of competent jurisdiction, State or Federal.” 12 U. S. C. §1723a(a). This case presents the question whether this sue-and-be-sued clause grants federal district courts jurisdiction over cases involving Fannie Mae. We hold that it does not.

Download Lightfoot v Cendant Mortgage

 

 

 

January 18, 2017 in Federal Courts, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)

SCOTUS Oral Argument in Abbasi

Today the U.S. Supreme Court heard oral argument in three consolidated cases raising issues relating to Bivens, qualified immunity, and pleading standards.

The cases are Ziglar v. Abbasi (No. 15-1358), Ashcroft v. Abbasi (No. 15-1359), and Hasty v. Abbasi (No. 15-1363). You can find more details on the cases here.

Here’s the transcript from today’s argument.

 

 

 

 

January 18, 2017 in Federal Courts, Federal Rules of Civil Procedure, Supreme Court Cases, Twombly/Iqbal | Permalink | Comments (0)

Friday, January 13, 2017

SCOTUS Cert Grant on Judicial Review of MSPB Decisions

Today the U.S. Supreme Court granted certiorari in Perry v. Merit Systems Protection Board, which presents the following question:

The Merit Systems Protection Board (MSPB) is authorized to hear challenges by certain federal employees to certain major adverse employment actions. If such a challenge involves a claim under the federal anti-discrimination laws, it is referred to as a “mixed” case. This case presents the following question:

Whether an MSPB decision disposing of a “mixed” case on jurisdictional grounds is subject to judicial review in district court or in the U.S. Court of Appeals for the Federal Circuit.

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

January 13, 2017 in Federal Courts, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)

SCOTUS Cert Grant on General Jurisdiction & FELA

Today the U.S. Supreme Court granted certiorari in BNSF Railway Co. v. Tyrrell, which presents the following question:

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), this Court held that the Due Process Clause forbids a state court from exercising general personal jurisdiction except where the defendant is “at home.” BNSF Railway Company is not at home in Montana under Daimler, yet the Montana Supreme Court held that BNSF is subject to general personal jurisdiction in Montana, and can be sued there by out-of-state plaintiffs for claims that have no connection at all to the state. The Montana Supreme Court explicitly “declined” to apply this Court’s decision in Daimler, for two reasons: First, because the facts of this case involve American parties and arose in the United States, not foreign parties and an overseas injury as in Daimler. Second, because the plaintiffs here sued under the Federal Employers’ Liability Act (FELA), which is a different federal cause of action from the ones at issue in Daimler. Section 56 of FELA establishes venue for cases filed in federal court, and it provides for concurrent subject-matter jurisdiction in state courts. Yet the Montana Supreme Court held that this provision authorizes state courts to exercise personal jurisdiction, and that the statute overrides the limitations of the Due Process Clause.

The question presented is:

Whether a state court may decline to follow this Court’s decision in Daimler AG v. Bauman, which held that the Due Process Clause forbids a state court from exercising general personal jurisdiction over a defendant that is not at home in the forum state, in a suit against an American defendant under the Federal Employers’ Liability Act.

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

January 13, 2017 in Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

SCOTUS Cert Grant on Article III Standing & Intervention

Today the U.S. Supreme Court granted certiorari in Town of Chester v. Laroe Estates, Inc., which presents the following question:

Whether intervenors participating in a lawsuit as of right under Federal Rule of Civil Procedure 24(a) must have Article III standing (as three circuits have held), or whether Article III is satisfied so long as there is a valid case or controversy between the named parties (as seven circuits have held).

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

January 13, 2017 in Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, Standing, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)

SCOTUS Cert Grant on Class Actions and Statutes of Limitations

Today the U.S. Supreme Court granted certiorari in California Public Employees' Retirement System v. ANZ Securities, Inc., which presents the question: “Does the filing of a putative class action serve, under the American Pipe rule, to satisfy the three-year time limitation in Section 13 of the Securities Act with respect to the claims of putative class members?”

(This question was the subject of an earlier Supreme Court case (IndyMac), but cert in that case was dismissed as improvidently granted because of a settlement.)

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

January 13, 2017 in Class Actions, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

SCOTUS Cert Grant on Class-Waiver Arbitration Agreements & Federal Labor Law

Today the U.S. Supreme Court granted certiorari in three cases that raise the question of whether arbitration agreements that forbid class claims violate federal labor law. The cases, which were consolidated by the Court, are:

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at the SCOTUSblog case pages for Epic Systems, Ernst & Young, and Murphy Oil.

 

 

January 13, 2017 in Class Actions, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

16 Cert Grants in Today’s SCOTUS Order List

Today the U.S. Supreme Court granted certiorari in 16 cases. Lots of federal courts and civil procedure issues in the mix—more details to come.

In the meantime, here’s the order list.

 

 

 

January 13, 2017 in Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

Wednesday, January 4, 2017

Bill Introduced to Bar Citation of SCOTUS Affordable Care Act Cases

Representative Steve King of Iowa has introduced a bill to “bar Supreme Court decisions in certain Patient Protection and Affordable Care Act cases from citation.” Here is the operative text:

Under Article 3, Section 2, which allows Congress to provide exceptions and regulations for Supreme Court consideration of cases and controversies, the following cases are barred from citation for the purpose of precedence in all future cases after enactment: Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566, 2573, 183 L. Ed. 2d 450 (2012) and King v. Burwell, 135 S. Ct. 2480, 2485, 192 L. Ed. 2d 483 (2015) and Burwell v. Hobby Lobby Stores Inc., 134 S. Ct. 2751, 2782, 189 L. Ed. 2d 675 (2014).

Download King Bill

Here’s his press release on the bill. 

 

[H/T Todd Ruger]

 

 

 

 

 

January 4, 2017 in Federal Courts, Supreme Court Cases | Permalink | Comments (0)

Wednesday, December 14, 2016

SCOTUS Cert Grant on Venue in Patent Cases: TC Heartland v. Kraft Foods

Today the U.S. Supreme Court granted certiorari in TC Heartland LLC v. Kraft Food Brands Group LLC. Here is the question presented set forth in the cert petition (including the usual wind-up):

The patent venue statute, 28 U.S.C. § 1400(b), provides that patent infringement actions "may be brought in the judicial district where the defendant resides .... " The statute governing "[v]enue generally," 28 U.S.C. § 1391, has long contained a subsection (c) that, where applicable, deems a corporate entity to reside in multiple judicial districts.

In Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957), this Court held that § 1400(b) is not to be supplemented by § 1391(c), and that as applied to corporate entities, the phrase "where the defendant resides" in § 1400(b) "mean[s] the state of incorporation only." Id. at 226. The Court's opinion concluded: "We hold that 28 U.S.C. § 1400(b) is the sole and exclusive provision controlling venue in patent infringement actions, and that it is not to be supplemented by the provisions of 28 U.S.C. § 1391 (c)." Id. at 229 .

Federal Circuit precedent holds to the contrary. Although Congress has not amended § 1400(b) since Fourco, the Federal Circuit has justified its departure from Fourco’s interpretation of§ 1400(b) based on amendments to § 1391(c). As stated in the decision below, Federal Circuit precedent holds that "the definition of corporate residence in the general venue statute, § 1391(c), applie[s] to the patent venue statute, 28 U.S.C. § 1400" (App. 4a) and that "Fourco was not and is not the prevailing law" (App. Sa) on where venue is proper in patent infringement actions under § 1400(b).

The question in this case is thus precisely the same as the issue decided in Fourco:

Whether 28 U.S.C. § 1400(b) is the sole and exclusive provision governing venue in patent infringement actions and is not to be supplemented by 28 U.S.C. § 1391(c).

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

December 14, 2016 in Federal Courts, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

Tuesday, December 13, 2016

Sinnar on Iqbal’s Lost Story

Shirin Sinnar has posted on SSRN a draft of her article, The Lost Story of Iqbal, which is forthcoming in the Georgetown Law Journal. Here’s the abstract:

The Supreme Court’s 2009 decision in Ashcroft v. Iqbal, which transformed pleading standards across civil litigation, is recognized as one of the most important cases of contemporary civil procedure. Despite the abundant attention the case has received on procedural grounds, the Court’s representations of Javaid Iqbal, the plaintiff in the case, and the post-9/11 detentions out of which his claims arose have received far less critique than they deserve. The decision presented a particular narrative of the detentions that may affect readers’ perceptions of the propriety of law enforcement practices, the scope of the harm they impose on minority communities, and their ultimate legality. This Article contests that narrative by recovering the lost story of Iqbal. It first retells the story of Iqbal himself — the Pakistani immigrant and cable repair technician whom the opinion presented only categorically as a foreigner, a terrorist suspect, and, at best, a victim of abuse. Drawing on the author’s interview of Iqbal in Lahore, Pakistan, in 2016 and other available evidence, the Article reconstructs the facts of Iqbal’s immigrant life, his arrest and detention in the wake of the September 11 attacks, and the enduring consequences of being labeled a suspected terrorist. Second, the Article recounts the role of race and religion in the post-9/11 immigrant detentions, challenging the Court’s account of the detentions as supported by an “obvious” legitimate explanation. Juxtaposing the lost story of Iqbal and the detentions against the Court’s decision ultimately sheds light on the ability of procedural decisions to propagate particular normative visions and understandings of substantive law without the full recognition of legal audiences. Nearly fifteen years after the September 11 attacks and the ensuing mass detentions, Iqbal demands attention to its substance — to the profound questions of race, law, and security that have become even more urgent in the face of new calls for the exclusion of individuals on racial and religious grounds.

 

 

 

 

December 13, 2016 in Recent Scholarship, Supreme Court Cases | Permalink | Comments (0)

Monday, December 12, 2016

SCOTUS GVRs Sixth Circuit case for further consideration in light of Tyson Foods

Today’s Supreme Court order list includes an order in FTS USA, LLC v. Monroe, granting certiorari, vacating, and remanding the case to the Sixth Circuit for further reconsideration in light of last Term’s decision in Tyson Foods v. Bouaphakeo. The FTS cert petition challenged the district court’s handling of a Fair Labor Standards Act (FLSA) collective action as violating the FLSA, the Due Process Clause, and the Seventh Amendment.

 

 

 

December 12, 2016 in Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

Friday, December 2, 2016

SCOTUS Cert Grant on Service by Mail Under the Hague Convention: Water Splash v. Menon

Today the U.S. Supreme Court granted certiorari in Water Splash, Inc. v. Menon. Here is the question presented:

In 1965, the member states of the Hague Conference on Private International Law, including the United States, adopted a treaty known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”). The Hague Service Convention enables service of process from one member state to another without the use of consular or diplomatic channels. This case presents the following federal question on which state and federal courts have been divided for over 25 years:

Does the Hague Service Convention authorize service of process by mail?

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.

 

 

 

December 2, 2016 in International/Comparative Law, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)

Wednesday, November 30, 2016

SCOTUS Decision on Issue Preclusion

Yesterday the U.S. Supreme Court issued a unanimous decision in Bravo-Fernandez v. United States. It’s the Court’s first merits decision of the new Term, and it deals with the issue-preclusion component of the Double Jeopardy Clause. Here are excerpts from the opening passages of Justice Ginsburg’s opinion (which also provide a nice summary of the Court’s case law in this area):

Continue reading

November 30, 2016 in Recent Decisions, Supreme Court Cases | Permalink | Comments (0)